Limitation of Interest and Other Charges. If, at any time, the rate of interest, together with all amounts which constitute interest and which are reserved, charged or taken by the Bank as compensation for fees, services or expenses incidental to the making, negotiating or collection of the loan evidenced hereby, shall be deemed by any competent court of law, governmental agency or tribunal to exceed the maximum rate of interest permitted to be charged by the Bank to the Borrower under applicable law, then, during such time as such rate of interest would be deemed excessive, that portion of each sum paid attributable to that portion of such interest rate that exceeds the maximum rate of interest so permitted shall be deemed a voluntary prepayment of principal. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Agreement shall be governed by such new law as of its effective date.
Limitation of Interest and Other Charges. If, at any time, the rate of interest, together with all amounts which constitute interest and which are reserved, charged or taken by the Bank as compensation for fees, services or expenses incidental to the making, negotiating or collection of the loan evidenced hereby, shall be deemed by any competent court of law, governmental agency or tribunal to exceed the maximum rate of Interest permitted to be charged by the Bank to the Borrower under applicable law, then, during such time as such rate of interest would be deemed excessive, that portion of each sum paid attributable to that portion of such interest rate that exceeds the maximum rate of interest so permitted shall be deemed a voluntary prepayment of principal. As used herein, the term “applicable laws shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Agreement shall be governed by such new law as of its effective date. The Borrower executed this Agreement as of the date stated at the top of the first page, intending to create an instrument executed under seal. Bank: Bank of America, NA, By: /s/ XX Xxxxxxx Xxxxxxxxxxx X. Xxxxxxx, Senior Vice President Borrower: WAYFAIR LLC By: /s/ Xxxxxxxx Xxxxxx (Seal) Xxxxxxxx X. Xxxxxx, Chief Financial Officer /s/ Xxxxx Xxxxxxxx Witness Address where notices to WAYFAIR LLC are to be sent 000 Xxxxxxxxxx Xxx Xxxxxx, XX 00000 Telephone: (000) 000-0000 Email: xxxxx@xxxxxxx.xxx Address where notices to the Bank are to be sent Doc Retention-CF CT2-515-BB-03 00 Xxxxxxxxx Xxxx Road Farmington, CT 06032 Federal law requires Bank of America, N.A. (the “Bank”), to provide the following notice. The notice is not part of the foregoing agreement or instrument and may not be altered. Please read the notice carefully.
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, Lender does not intend to charge and Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to Borrower or credited against principal, at the option of Lender. It is the express intent hereof that Borrower not pay and Lender not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the State of Florida.
Limitation of Interest and Other Charges. Applicant and Bank intend to conform strictly to the applicable usury laws, if any, now or hereafter in force with respect to this Agreement. To such end: the aggregate of all interest and other charges constituting interest under such applicable usury laws and contracted for, chargeable or receivable under this Agreement shall never exceed the maximum amount of interest, nor produce a rate in excess of the maximum contract rate of interest, that Bank is authorized to charge Applicant under such applicable usury laws.
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, the Bank does not intend to charge and the Borrower shall not be required to pay any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to the Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that the Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the state of Florida. Ref# 0000000000 — MCA Enterprises Xxxxxxx Inc. Bridge Loan Agreement This Agreement is executed as of the date stated at the top of the first page. Bank: Bank of America, N.A. By: /s/ Xxxxx X. Xxxxxxxxxx-Xxxxx Authorized Officer Borrower: MCA Enterprises Xxxxxxx, Inc. By: /s/ T. Xxxxxxx Xxxxxx Xxxxxx X. Xxxxxx, President By: /s/ Xxxxx Xxxxxx Xxxxx Xxxxxx, Secretary Address where notices to the Bank are to be sent: Address where notices to the Borrower are to be sent: Bank of America, N.A. MCA Enterprises Xxxxxxx, Inc. Doc Retention — GCF 00000 X 00 Xxxx Xx. Xxx 000 XX0-000-XX-00 Xxxxxxxxxx, XX 00000-0000 00 Xxxxxxxxx Xxxx Road Farmington, CT 06032 Ref# 0000000000 — MCA Enterprises Xxxxxxx Inc. Bridge Loan Agreement Federal law requires Bank of America, N.A. (the “Bank”) to provide the following notice. The notice is not part of the foregoing agreement or instrument and may not be altered. Please read the notice carefully.
Limitation of Interest and Other Charges. Applicant and Issuer intend to conform strictly to the applicable usury laws now or hereafter in force with respect to this Agreement. To such end:
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, the Bank does not intend to charge, and the Borrower shall not be required to pay, any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to the Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that the Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the state of Florida. This Agreement is executed as of the date stated at the top of the first page. BANK OF AMERICA, N.A. By: /s/ Xxxxx Xxxxxxx Typed Name: Xxxxx Xxxxxxx Title: AVP DAL GROUP, LLC By: /s/ Kumar Xxxxxxxxxx Typed Name: Kumar Xxxxxxxxxx Title: Chief Financial Officer Address where notices to the Bank are to be sent: 000 Xxxxxx Xx. Xx. Xxxxx, XX 00000 Telephone: Facsimile: Address where notices to the Borrower are to be sent: 000 X. Xxxx Xxxxxx Xxxxx Xxxxxxxxxx, Xxxxxxx 00000 Telephone: 000-000-0000 Facsimile: 000-000-0000 JOINDER The undersigned Guarantors join into this Agreement to acknowledge, consent and agree to the provisions of this Agreement. DJS PROCESSING, LLC By: /s/ Kumar Xxxxxxxxxx Typed Name: Kumar Xxxxxxxxxx Title: Chief Financial Officer DEFAULT SERVICING, LLC By: /s/ Kumar Xxxxxxxxxx Typed Name: Kumar Xxxxxxxxxx Title: Chief Financial Officer PROFESSIONAL TITLE AND ABSTRACT COMPANY OF FLORIDA, LLC By: /s/ Kumar Xxxxxxxxxx Typed Name: Kumar Xxxxxxxxxx Title: Chief Financial Officer USA Patriot Act Notice. Federal law requires Bank of America, N.A. (the “Bank”) to provide the following notice. The notice is not part of the foregoing agreement or instrument and may not be altered. Please read the notice carefully. USA PATRIOT ACT NOTICE Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account or obtains a loan. The Bank will ask for the Borrower’s legal name, address, tax ID number or social security number and other identifying information. The Bank may also ask for additional information or documentation or take other actions reasonably necessary to verify the identity of the Borrower, guarantors or other related persons.
Limitation of Interest and Other Charges. If, at any time, the rate of interest, together with all amounts which constitute interest and which are reserved, charged or taken by the Bank as compensation for fees, services or expenses incidental to the making, negotiating or collection of the loan evidenced hereby, shall be deemed by any competent court of law, governmental agency or tribunal to exceed the maximum rate of interest permitted to be charged by the Bank to the Borrower under applicable law, then, during such time as such rate of interest would be deemed excessive, that portion of each sum paid attributable to that portion of such interest rate that exceeds the maximum rate of interest so permitted shall be deemed a voluntary prepayment of principal. As used herein, the term “applicable law” shall mean the law in effect as of the date hereof; provided, however, that in the event there is a change in the law which results in a higher permissible rate of interest, then this Agreement shall be governed by such new law as of its effective date. Ref #: 1000800236 : - Technical Communications Corporation Standard Loan Agreement 15 The Borrower executed this Agreement as of the date stated at the top of the first page, intending to create an instrument executed under seal. Bank: Bank of America, N.A. By:
Limitation of Interest and Other Charges. Applicant and Issuer intend to conform strictly to the applicable usury laws now or hereafter in force with respect to this Agreement. To such end: (a) the aggregate of all interest and other charges constituting interest under such applicable usury laws and contracted for, chargeable or receivable under this Agreement shall never exceed the maximum amount of interest, nor produce a rate in excess of the maximum contract rate of Interest, that Issuer is authorized to charge Applicant under such applicable usury laws; (b) if any excess interest is provided for, it shall be deemed a mistake, and the excess shall, at the option of Issuer, either be refunded to Applicant or credited on the unpaid principal balance of Issuer's reimbursement obligation, and this Agreement shall be automatically reformed to permit only the collection of the maximum legal contract rate and the maximum amount of interest, and (c) in determining the maximum amount of interest that Issuer may charge to Applicant, all interest shall be amortized, prorated, allocated and spread over the entire term of Applicant's reimbursement obligation (as extended, if applicable) to the full extent permitted by applicable usury laws. Reference herein to usury laws shall also include any applicable federal or state usury statutes or laws from time to time in effect to the extent the same may govern and control transactions covered hereunder.
Limitation of Interest and Other Charges. Notwithstanding any other provision contained in this Agreement, the Bank does not intend to charge, and Borrower shall not be required to pay, any amount of interest or other fees or charges that is in excess of the maximum permitted by applicable law. Any payment in excess of such maximum shall be refunded to Borrower or credited against principal, at the option of the Bank. It is the express intent hereof that Borrower not pay and the Bank not receive, directly or indirectly, interest in excess of that which may be lawfully paid under applicable law including the usury laws in force in the state of Florida. The parties hereto have caused this Agreement to be duly executed and delivered as of the day and year first above written. BANK: M&I XXXXXXXX & XXXXXX BANK BORROWER: AEROSONIC CORPORATION By: /S/ Xxxx Xxxxxx By: /S/ Xxxxxxx Xxxxxxx Its: Its: Name: Name: Schedule 1.34/Permitted Indebtedness None Schedule 1.35/Permitted Liens FILED WITH THE DELAWARE SECRETARY OF STATE DEBTOR SECURED PARTY UCC FILING HISTORY EXP. DATE COLLATERAL Aerosonic Corporation US Express Leasing, Inc. 62491660 7/19/2011 All items of personal property leased pursuant to that certain Lease Agreement dated June 30, 2006, together with all related software, all additions, attachments, accessories and accessions thereto, and any and all substitutions, replacements or exchanges for any such item of equipment, and any and all insurance and/or other proceeds. 1 Kyocera Mita 5035 copier system, 1 Kyocera Mita 3035 copier system, 1 Konica Minolta bizhub C250 copier system. Aerosonic Corporation US Express Leasing, Inc. 20073140398 8/17/2012 All items of personal property leased pursuant to that certain Lease Agreement dated August 10, 2007, together with all related software, all additions, attachments, accessories and accessions thereto, and any and all substitutions, replacements or exchanges for any such item of equipment, and any and all insurance and/or other proceeds. 1 Kyocera Mita 4050 copier. Aerosonic Corporation Xxxxx Leasing Company 20073388781 8/20/2012 Xerox 510DP Digital system & Vidar Surveyor 600e scanner with stand and plus card S/N: XXX000000 & GT67D750024 Subject to Xxxxx Leasing Company Lease Agreement #146576-02 FILED WITH THE FLORIDA SECRETARY OF STATE DEBTOR SECURED PARTY UCC FILING HISTORY EXP. DATE COLLATERAL Aerosonic Corporation Synovus Leasing Company 200190607120 1. Continuation – 10/18/2006 12/20/2011 All equipment covered by Schedule 00001, dated December 1...
